Legal Opinion

Sargent v. State

Court of Criminal Appeals of Texas

Decided December 21, 1895No. 1266PublishedCited by 16 opinions

This appeal is from a conviction for murder in the second degree, the punishment being assessed at a term of twenty years’ imprisonment in the penitentiary. Peter Sargent, this appellant, kept the Tremont hotel in the city of Fort Worth.

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This appeal is from a conviction for murder in the second degree, the punishment being assessed at a term of twenty years’ imprisonment in the penitentiary. Peter Sargent, this appellant, kept the Tremont hotel in the city of Fort Worth. Pat Foley, the deceased, had boarded at the hotel for some time, but it seems had been gone a week or more, and had returned on Saturday morning, the 24th of November, 1894. About 10 a. m., on that morning, Foley and one Morgan went to the hotel, both being drunk, and went up to the room which Foley had occupied, and in lying upon the bed, broke it down.…

1Opinion of the Court

HENDERSON, Judge.

Appellant in this case was tried under an indictment charging him with murder in the first degree, was convicted of murder in the second degree, and his punishment assessed at twenty years’ confinement in the penitentiary. From the judgment and sentence of the lower court he prosecutes this appeal.

The first error complained of by appellant is that the court erred in refusing to quash the indictment in this case. He also brings up the same question on motion in arrest of judgment. The contention of appellant is that the indictment is defective, because it fails to show that it…

2Cases cited1 opinion

  1. Cockerell v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by16 opinions

  1. Rhea v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  2. Richardson v. StateCourt of Criminal Appeals of Texas · 1922
  3. State v. BuralliNevada Supreme Court · 1903
  4. Bayer v. StateCourt of Criminal Appeals of Texas · 1923
  5. Queen v. StateCourt of Appeals of Texas · 1985

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